1. (a) A facility must be completely fenced and have a lockable gate at each access point.
2. (b) A facility containing an open tank must have hazard signs stating "DANGER - OPEN TANKS - NO TRESPASSING" within visible sighting of each other and on each gate.

3. (c) A facility containing an open tank must be surrounded by an intruder resistant fence that is :

   1. (1) at least an 8.0 foot solid material or chain-link fence topped with at least one strand of barbed-wire;
   2. (2) at least a 6.0 foot high solid material or chain-link fence topped with three strands of barbed-wire ; or
   3. (3) a five-strand barbed-wire fence may be used in a rural area for fencing lagoons or overland-flow plots, in lieu of chain-link or board fencing required by paragraphs (1) and (2) of this subsection.
4. (d) A facility must have at least one all-weather access road with the driving surface situated above the 100-year flood plain.

Source Note:The provisions of this §217.328 adopted to be effective August 28, 2008, 33 TexReg 6843.